Hussey v RSPCA [2007] EWHC 1083 (Admin) – S 1(1)(a) PAA – (s 4 AWA).
1) suffering becomes unnecessary when it is not inevitable and is reasonably alleviated.
2) “unreasonably” doing or omitting an act as to cause unnecessary suffering to animals.
- “unreasonably” connotes an objective test,
- but, that test is only to be applied once shown that D had knowledge of the relevant condition of the animal.
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Related case digests
- R (RSPCA) v C [2006] EWHC 1069 (Admin) – S 1(1)(a) PAA - (AWA).
- “unnecessary suffering”. - “unreasonably” causing unnecessary suffering – purely an objective test. - test is what is objectively reasonable in all the circumstances – not a subjective test. - age of D can be relevant to whether conduct was reasonable. - the principle to be applied on submission of no case to answer.